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• 1. harvie_branscomb  |  November 23rd, 2009 at 12:41 pm

  Michael Conniff, a.k.a. The Con Man [confidence man: a swindler who exploits the confidence of his victim] said on the radio this morning (11/23/09) that Marilyn Marks "can't confront me directly". Michael Conniff has chosen not to be confronted by Marilyn Marks in a direct meeting. I personally asked Michael Conniff if he would meet with Marilyn Marks and myself and he said he would not meet with her. Marilyn however said she would attend such a meeting. Here, then, substituting for a meeting avoided by the Con Man is an email Marilyn sent to me about Michael Conniff and this blog.

  email from Marilyn Marks follows:

  Harvie---

  The blog post Michael Conniff has written is almost completely false. There is only a tiny thread of truth in it.

  I did have lunch at ConMan’s sponsor, where I frequently dine. I mentioned to the owner that I was disappointed that he was sponsoring Michael’s false diatribes.
  It was a very business like conversation, and he asked me to send him a few bullet points of details of examples.

  Below are the bullet points I sent him the next day (Oct 31).

  I also have been back in to dine there at least once a week since, usually more often.
  I subsequently mentioned to the owner that he might want to see the AspenPost site with a man loading a pistol beside one of the outrageous blogs Michael posted about me.

  The sponsor had never been on the website and said he would check it out.

  Here are the bullet points from my email about Michael’s on air allegations:

  1.    He claims repeatedly that I have been attempting to overturn the election. (And that the Election Commission is helping.) This is patently false. May 22nd was the deadline for contesting the election. The certified results are FINAL ---no matter what. I was aware of most of the election discrepancies long before May 22nd, and chose to let the deadline pass and work on future reforms. In fact, my lawsuit to preserve the City public documents (ballot images) and have them re-released, specifically TELLS THE COURT THAT I DO NOT WISH TO HAVE THE ELECTION VOIDED on the basis of the non-secret ballot issue. (a plaintiff doesn’t try to lie to the court!)

  2.    Claims that Elizabeth, Chris and I have had “secret” meetings. The three of us  have never even had one meeting !!! Claims that Elizabeth, Bryan and I have been dishonest. But no specific accusations. Just a fabricated allegation.

  3.    Claims that I would benefit by an overturning of the election—and that is my motive in pushing election reform. That is not even legally possible---much less in my interest.
  4.    Claim that I “bent the Commission to my will,” when  actually they have taken two actions-- 1) preserved documents, and 2) asked for legal counsel. How could that benefit me??

  5.    Claims that “people on the Election Commission are trying to overturn the election, and protesting the election.”  (There is no indication of that at all, or any basis they would have to do so.) There is no way to overturn or contest the election by any means that the Election Commission or I have discussed or contemplated.  There is no evidence that anyone has protested the election.

  6.    Claims that the EC has benefitted me, but doesn’t say how. The only possible claim someone could make is that by honoring my request to require that the City not destroy records as planned. If that is a problem, then what could that be??? Why would anyone object to preserving records?

  7.    The well known deadline for a contest is May 22nd.  Does anyone have any indication that there was ANY discussion of contesting the election during the available period? NO!

  -- end of insertion --

  As you know Harvie, those emails which Jack published have numerous statements in them to the Commission as well as Council members stating that it I do NOT want to void, overturn, contest, the election. And I ask that we work on solutions and reforms which do not involve litigation.

  Jack and ConMan don’t ever mention that. Nor do they mention that I have not lifted a finger or made any effort to overturn the election. Their “evidence” against me is my knowing that someone could likely do it.

  This entire fiancé story is an bizarre fabrication. When Michael was blasting me daily on the air last year after losing his FAIR gig, he seemed completely irrational and stressed. Out of concern, I merely asked one of his colleagues if Michael had someone to see him through tough times. I had remembered that he had a girlfriend some years before, and hoped that he had someone then to stand beside him then. Michael chose to take that statement of concern and twist it into a wild fabrication. I hope that someday the person I said this to will step forward and put a stop to ConMan’s wild fabrication. I had no idea whether Michael was with someone, engaged , married, or alone. I certainly had nothing to say about his personal life other than my hope that he had someone to stand beside him in tough times. This is a classic example of how Michael takes a statement and turns it on its head and spins a wild story which becomes “fact,” out of nowhere.

  I never threatened him with libel or slander on the FAIR story. I did tell him that I took his purposeful falsehoods quite seriously . (He claimed that was a threat of libel.) However, he has now ratcheted it up to clear levels of libel and slander and malicious defamation. Many have suggested that I should consider legal avenues now. I have not to date.

  As for threatening “ every reporter in town”, I don’t think anyone could find a reporter in town who would agree with that.

  What a shame that he abuses his “First Amendment” rights in this irresponsible way.

• 2. harvie_branscomb  |  November 23rd, 2009 at 12:53 pm

  Here are Michael Conniff''s own words from KNFO this morning (11/23/09):

  Finally the Aspen Times wrote a story about the Election fiasco and a very good story by the way -- thought it was very fair. Marilyn Marks herself writing in the op-ed of the Aspen Times saying she’s wants to avoid the -- how can I paraphrase this -- she wants to avoid the impression that she is trying to void the election no she is a citizen pure! And she is only doing this for the good of the commonwealth. Though she will of course run probably she says she is not ruling out running in 2011 -- umm but she promises to soldier on . I will also be talking about the Marilyn Marks' dirty tricks against me going after my sponsors --can’t confront me directly so has to do it the worst possible way -- going after my livelihood before she has gone after my fiancee who is now my wife and now she is going after my bread and butter. So best of luck with that, Marilyn.

  --

  I want to turn our attention local here in Aspen which I don't do all that often but I feel the need to do it. Today at 4pm, at Aspen City Hall there is likely to be some fireworks about the Election Commission fiasco. If you don't know the details you are lucky because it is a total mess. Two Election Commissioners Elizabeth Milias who is... Let me step back.

  Mick Ireland won the election, Marilyn Marks came in second. Her campaign treasurer EM is one of three Election Commissioners. Chris Bryan a... actually he is a Democrat. He is another -- He seems to be somewhat impartial in this. The third is Kathryn Koch. The problem is that Bryan and Milias excluded Kathryn Koch from their meetings from their emails and according to law if two commissioners meet it’s a quorum, its an open -- its part of the open records act in Colorado -- thank goodness. And what is so interesting is of course Marilyn Marks claiming all she cares about is the process -- and the process being completely trashed when it comes to this Election Commission.

  Now a couple of other things--

  First the personal. And this is up on AspenPost: "How Marilyn plays dirty" and I am going to quote from this:
  “My distaste for Marilyn Marks... all of this is prelude to saying MM plays dirty and I am gong to tell you how”.

  Now what she has done in the past as you know when I have criticized her when we wrote those that FAIR story about her is she spread rumors about me and my fiancee saying that we were breaking up -- saying that the stress was too much -- totally false and of course we are married now -- totally false but you know did not hesitate to throw my fiancee under the bus which really is gets me so mad I can’t even see straight and uhh more recently I went in to one of my sponsors at the end of last week and they said Marilyn Marks was in here yelling at us, screaming at us: "Why are you sponsoring this guy? You know you shouldn’t sponsor him. Its all lies. Its all lies".And the sponsor to their credit said well come in with a series of bullet points about where he has been wrong and we will take a look. She hasn’t come back with the bullet points-- too busy too busy defending herself from all of these charges.

  Now the other big development here in this story is a kind of a media a media element and I would point out and with some pride:
  The first time any of this saw the light of day was on AspenPost. We broke the story of Jack Johnson who filed Colorado Open Records acts and got all these emails to document this and then so we broke the story and then we have been prodding not just us but we have been prodding the Aspen Times for a couple of weeks to write about this story. Andy Stone who used to be the editor came out with a column and said "gee, if they would only write something I could then blow… you know I could then shoot my mouth off about this". Well they have written a story Andy. I think you are far more than my criticism -- I don’t think my criticism had any impact but I think that the criticism that -- not only did Andy Stone criticize the editors but we featured that on AspenPost and now we have the Aspen Times and Carolyn Sackariason who I have been critical of in the past has written a very detailed story-- a very good story about the Election Commission and if you want Marilyn Mark‘s side in the Aspen Times today, second to the last page you can see her op-ed piece saying -- of course she did nothing wrong -- of course it's only about process.

  This woman --- and what I would say to you about Marilyn Marks is that she has to be stopped.
  and she has to be stopped because she did because whatever good she did and she did a lot of good in the beginning she is just -- you have to realize this she is just politician now. She ran for mayor and as a politician. Politicians are out to do one thing and that's get elected.

  Now her whole column -- her whole op-ed piece "I didn’t want to void the election. Just look at what I said".
  [Laughs]
  Well the problem is if you look at these emails then you look at her actions, just about every step along the way is to overturn this election and to render it invalid -- to take an Election Commission which is generally you know goes out of business the day after the election or you know has no real work -- turned it into kind of like a -- wanted to turn it into an auditing body -- just completely turn the politics of Aspen upside down and she needs to be stopped. And umm I'll just close with this one other thing.

  If anyone wants to talk about this locally now is your time: 970 544 7330. 5447330.

  One other anecdote about this:

  At the Elks club [sic] on Friday I ran into somebody who is a good friend of hers and here is what he said to Marilyn Marks:

  He supported her throughout many of her many battles. Here is what he said. He said “don’t say another word. Don’t even mention it. Its over. Ok? Because whatever good this commission" and now it is me speaking:
  Whatever good this election commission could have done is over. And you and he said to her: "You have to move on now. You have to stop doing this." But this is a woman umm whose instincts about transparency are all good. But she is obsessive compulsive. She cannot help herself. She cannot stop. She wont stop. She will be yelling about this for years to come -- and all I can say to you: if you are her friend tell her to stop. If you are her enemy just realize that she has been marginalized -- that this has really rendered her unimp...not unimportant but far less important far less of a factor politically.

  I would be shocked if she were ever elected to office in this town not only would I be shocked I would be pretty damn disappointed -- so uhh I would again give kudos to Jack Johnson. He is really the one who deserves the credit. But you know he is a politician too and Jack is not without his own agenda. Marilyn really made his life miserable for a long time on the City Council but you factor that in and really what you do is you read the emails that he got through the Colorado Open Records Act.

  And by the way I heard that Marilyn has now requested all [laughs] through the Colorado open records act... has requested all the emails from all the city councilors from starting November 6 or something. So she is fighting back with even more process and garbage and and and wasting everyone’s time. So lets move on. What do you say? This is Con Games. I am Michael Conniff.

• 3. Michael Conniff  |  November 23rd, 2009 at 6:01 pm

  That's all you got, Mr. Election Integrity?

  Ummmm, Harvie, I'm disappointed. I must have said, ummm, more times than that. Or maybe I was saying ommmmmm and you transcribed it, uh, wrong.

  I would greatly apprieciate it if you would continue to transcribe my "Con Games" show--that must have taken you the better part of the day to prove...what exactly?

  Go through it again and the worse I said on a personal basis about MM is that she's "obsessive compulsive" and that she needs to stop--and that I don't like her.

  As for her "clarification," I stand by all her bullet points. Yup, that's what I'm saying., all right.

  In the future, Harvie, I will give a heads-up on air so you and your boss lady can record, transcribe, and presumably sue for slander. In the name of integrity, I can't think of a better use of your time.

  Best, Con Man!

  PS "Con Games" and "Con Man" are meant to be ironic but I guessed you didn't get the memo. Or was it an email???

• 4. Michael Conniff  |  November 23rd, 2009 at 6:02 pm

  By the way, Harvie, Marilyn's contention that she never threatened me or FAIR with libel or slander is pure undadulterated bullshit. And you can quote me on that.

  Cheers, Con Man!

• 5. harvie_branscomb  |  November 24th, 2009 at 10:35 am

  Michael Conniff a.k.a. The Con Man- yes you are correct I did leave out some of your ummms but no, I didn't hear an ommmmmmm. The program could have been more constructive had you chanted one. Maybe tomorrow?

  [Sorry I forgot to listen today and so I have no idea what you might have said. Marilyn is out of town. If you want to call and let me know what you said, please do. I'm afraid I will be missing the rest of the shows this week and maybe next week. Will you record them for me? Thanks.]

  I just wanted you to know that from time to time I am listening and from time to time I am thinking: hey...are you telling the truth? Some of what I am hearing is completely different from what I [heard, know, experienced]. The transcript might help others with first hand knowledge to decide what is truth and what is fantasy in what you say. It might also help you stay on the high road- preserving liberty and justice for all like you say you do.

  I knew you would appreciate the time I spent doing it. In fact, you were the first person I thought of who would want to receive such a transcript so you got it first. Are there any corrections?

  You called me a Post blogger but I don't yet have permission to post on the blog. Will I receive permission? Or am I destined to remain a lowly commentator.. or is that just commenter.

  Michael I think your audience would like to hear about your history with Marilyn Marks and why you might just be carrying a grudge or two on your shoulders. In the name of transparency and justice.

  Stay liberal-
  Harvie

• 6. Jack Johnson  |  November 24th, 2009 at 1:05 pm

  The Aspen Election Commission was secretly manipulated by Marilyn Marks to further her own goals (including overturning the election) at public expense. Read and decide for yourself—they are your documents.

  I’ve stored the documents on “File Factory” in two files. The first is http://www.filefactory.com/file/a17c1f0/n/jack_ORA_docs.pdf. This is the comprehensive file that includes all the documents I reference with the exception of the “essential” emails. These “essential” emails (the most blatant examples of wrong-doing) are located at http://www.filefactory.com/file/a1d9bg6/n/essential_docs.pdf.

  At the bottom of File Factory page, select the “download now” button. Select it again after it counts down to zero.

  The wrong-doing begins in earnest on August 22, 2009 with and email from Marks to Elizabeth Milias “are you and Chris willing to use your authority?”

• 7. Michael Conniff  |  December 3rd, 2009 at 9:18 pm

  In comment #1 above, Marilyn Marks says: "I never threatened him with libel or slander on the FAIR story. I did tell him that I took his purposeful falsehoods quite seriously . (He claimed that was a threat of libel.) However, he has now ratcheted it up to clear levels of libel and slander and malicious defamation. Many have suggested that I should consider legal avenues now. I have not to date."

  In the midst of the FAIR controversy, Marilyn said she would "take ANY libelous or slanderous or untrue comment about me very seriously. I assume that Elizabeth [Milias] takes it equally seriously."

  Is this a threat of libel or slander? I will let our dear readers decide for themselves.

  But in thirty years of journalism, give or take, only one person has ever mentioned libel or slander to me personally--none other than Marilyn Marks. To say one would take libel or slander "seriously" cannot be seen as anything but a threat--as anything but an attempt to kill a story.

  Keep in mind as well that this threat came before a word was written. Also notes that she refers to the "purposeful falshehoods" in a story that was as yet unwritten.

  I think you get the picture, and if you don't believe my interpretation then talk to the board members of FAIR. Her threats were explicit and unambiguous. FAIR members were openly concerned with their personal liability.

  And also keep in mind her threats worked and FAIR backed off the story though we still published it on Aspen Post. Also note that she says: 'Many have suggested that I should consider legal avenues now. I have not to date.'"

  To date? In other words, Marilyn Marks is STILL keeping still more libel/slander litigation as an option. Why else would she and her co-conspirators be taping my radio shows without my permission--in violation of copyright laws, by the way.

  Maybe I should threaten litigation--but I would never do such a thing. Just ask me.

  Best, Con Man

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